The Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 2009

JurisdictionUK Non-devolved
CitationSI 2009/390
Year2009

2009 No. 390 (W.40)

AGRICULTURE, WALES

The Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 2009

Made 26th February 2009

Laid before the National Assembly for Wales 27th February 2009

Coming into force 20th March 2009

The Welsh Ministers are designated1for the purposes of making Regulations under section 2(2) of the European Communities Act 19722in relation to the common agricultural policy of the European Community.

The Welsh Ministers make these Regulations in exercise of the powers conferred by that section.

S-1 Title, application and commencement

Title, application and commencement

1. The title of these Regulations is the Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 2009, they apply in relation to Wales and come into force on 20 March 2009.

S-2 Amendment to the Animals and Animal Products (Import and Export) (Wales) Regulations 2006

Amendment to the Animals and Animal Products (Import and Export) (Wales) Regulations 2006

2.—(1) The Animals and Animal Products (Import and Export) (Wales) Regulations 20063are amended in accordance with this regulation.

(2) In regulation 1(2) delete the definition of “bluetongue susceptible animal”.

(3) For regulation 1(5) substitute—

S-5

“5 Unless specifically defined in these Regulations, any expression used in these Regulations has the meaning it bears in—

(a) Council Directive 90/425/EECconcerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the single market (OJ No. L224, 18.8.90, p.29 as last amended by Directive 2002/33/ECof the European Parliament and of the Council, OJ No. L315, 19.11.2002, p.14); and

(b) Council Directive 91/496/EEClaying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries (OJ No. L268, 24.9.1991, p.56 as last amended by Council Directive 2006/104/EC, OJ No. L363, 20.12.2006, p.352 ).”.

(4) In regulation 35 delete “and subject to paragraph (1),”.

(5) Schedule 1 is deleted.

(6) For Schedules 2, 3, and 7 to those Regulations, substitute the replacements set out in the Schedule to these Regulations.

S-3 Amendment to the Animals and Animal Products (Import and Export) (Wales)(Amendment) Regulations 2007

Amendment to the Animals and Animal Products (Import and Export) (Wales)(Amendment) Regulations 2007

3. Regulation 2(2) of the Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 20074is revoked.

Elin Jones

Minister for Rural Affairs, one of the Welsh Ministers

26 February 2009

SCHEDULE

Regulation 2

Replacement Schedules

SCHEDULE 2

Regulation 1(2)

Border Inspection Posts

Border inspection post

Animals that may be imported

Gatwick Airport

All animals other than ungulates 1000

Heathrow Airport

All animals

Manchester Airport

Live fish, reptiles, invertebrates

Stansted Airport 1001

Ungulates 1000

(i) Ungulates include registered equidae as defined in Council Directive  90/426/EEC (OJ No. L224, 18.8.90, p. 42 as last amended by Council Directive  2006/104/EC, OJ No. L363, 20.12.2006, p.352).

(ii) Stansted Airport is not a border inspection post for any species of animal specified in the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 ( S.I. 1974/2211).

SCHEDULE 3

Regulation 4

Intra-Community trade: legislation and additional requirements

PART 1

LEGISLATION IN RELATION TO INTRA-COMMUNITY TRADE

Bovine animals and swine

Council Directive 64/432/EECon health problems affecting intra-Community trade in bovine animals and swine5.

Bovine semen

Council Directive 88/407/EEClaying down the animal health conditions applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species6.

Bovine embryos

Council Directive 89/556/EECon animal health conditions concerning intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species7.

Equidae

Council Directive 90/426/EECon health conditions governing the movement of equidae and their import from third countries8.

Porcine semen

Council Directive 90/429/EEClaying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species9.

Poultry and hatching eggs

Council Directive 90/539/EECon animal health conditions governing intra-Community trade in, and imports from third countries of poultry and hatching eggs10.

Animal waste

Regulation (EC) No. 1774/2002of the European Parliament and of the Council laying down rules concerning animal by-products not intended for human consumption11.

Fish

Council Directive 2006/88/ECon animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals12.

Directive 2004/41/ECof the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EECand 92/118/EECand Council Decision 95/408/EC13.

Ovine and caprine animals

Council Directive 91/68/EECon animal health conditions governing intra-Community trade in ovine and caprine animals14.

Other animals, semen, ova and embryos

Council Directive 92/65/EEClaying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Council Directive 90/425/EEC15.

Circuses and animal acts

Commission Regulation (EC) No. 1739/2005laying down animal health requirements for the movement of circus animals between member States16.

Pathogens

Council Directive 92/118/EEClaying down animal and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EECand, as regards pathogens, to Directive 90/425/EEC17.

Pure-bred animals of the bovine species

Council Directive 77/504/EECon pure-bred breeding animals of the bovine species18.

Breeding animals of the porcine species

Council Directive 88/661/EECon the zootechnical standards applicable to breeding animals of the porcine species19.

Pure-bred breeding sheep and goats

Council Directive 89/361/EECconcerning pure-bred breeding sheep and goats20.

Equidae

Council Directive 90/427/EECon the zootechnical and genealogical conditions governing intra-Community trade in equidae21.

Bluetongue susceptible animals

Commission Regulation (EC) No. 1266/2007on implementing rules for Council Directive 2000/75/ECas regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue22.

SCHEDULE 7

Regulation 16

Community legislation in relation to imports from third countries

PART 1

INSTRUMENTS SPECIFYING THIRD COUNTRIES AND TERRITORIES IN THIRD COUNTRIES FROM WHICH MEMBER STATES MAY AUTHORISE CERTAIN IMPORTS

Cloven-hoofed animals and elephants and zoo ungulates

Council Decision 79/542/EECdrawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat23.

Poultry

Commission Decision 95/233/ECdrawing up lists of third countries from which member States authorise imports of live poultry and hatching eggs24.

Captive birds

Commission Regulation (EC) No. 318/2007of 23 March 2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof25.

Shellfish

Commission Decision 2003/804/EClaying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption26.

Finfish

Commission Decision 2003/858/EClaying down the animal health conditions and certification requirements for imports of live fish, their eggs and gametes intended for farming, and live fish of aquaculture origin and products thereof intended for human consumption27.

Bees

Commission Decision 2003/881/ECof 11 December 2003 concerning the animal health and certification conditions for imports of bees (Apis mellifera and Bombus spp.) from certain third countries and repealing Decision 2000/462/EC28.

Equidae

Commission Decision 2004/211/ECestablishing the list of third countries and parts of territory thereof from which member States authorise imports of live equidae and semen, ova and embryos of the equine species29.

Cats, dogs and ferrets

Commission Decision 2005/64/ECimplementing Council Directive 92/65/EECas regards import conditions for cats, dogs and ferrets for approved bodies, institutes or centres30.

PART 2

DETAILED PROVISIONS

Cloven-hoofed animals and elephants and zoo ungulates

Council Decision 79/542/EECof 21 December 1976 drawing up a list of third countries from which the member States authorise imports of bovine animals, swine and fresh meat31.

Zoo ungulates

Council Directive 2004/68/EClaying down health rules for the importation into and transit through the Community of certain live ungulate animals32.

Equidae

General

Council Directive 90/426/EECon health conditions governing the movement of equidae and their import from third countries33.

Commission Decision 2004/211/ECestablishing the list of third countries and parts of territory thereof from which member States authorise imports of live equidae and semen, ova and embryos of the equine species34.

Temporary admission of registered horses

Commission Decision 92/260/EECon animal health conditions and veterinary certification for temporary admission of registered...

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